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20230026( <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />1. PAYMENT OF INDEBTEDNESS. Trustors shall pay when due the principal of the <br />indebtedness evidenced by the Note, charges, fees and all other sums as provided in the Loan <br />Instruments. <br />2. TAXES. Trustors shall pay each installment of all taxes and special assessments of every <br />kind, now or hereafter levied against the Trust Estate or any part hereof, before delinquency, without <br />notice or demand, and shall provide Beneficiary with evidence of the payment of same. <br />3. INSURANCE AND REPAIRS. Trustors shall maintain fire and extended coverage insurance <br />insuring the improvements and buildings constituting part of the Trust Estate for an amount no less than <br />the amount of the unpaid principal balance of the Note (co-insurance not exceeding 80% permitted). <br />Such insurance policy shall contain a standard mortgage clause in favor of Beneficiary and shall not be <br />cancelable, terminable, or modifiable without ten (10) days prior written notice to Beneficiary. Trustors <br />shall promptly repair, maintain and replace the Trust Estate or any part thereof so that, except for ordinary <br />wear and tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to <br />the Trust Estate. <br />4. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a <br />written instrument executed and acknowledged by Beneficiary, mailed to Trustors and recorded in the <br />County in which the Trust Estate is located and by otherwise complying with the provisions of the <br />applicable law of the State of Nebraska substitute a successor or successors to the Trustee named <br />herein or acting hereunder. <br />5. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of and <br />binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors and <br />assigns. The term "Beneficiary" shall mean the owner and holder of the Note, whether or not named as <br />Beneficiary herein. <br />6. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of default <br />hereunder: <br />(a) Trustors shall have failed to make payment of any installment of principal or any other sum <br />secured hereby when due; or, <br />(b) There has occurred a breach of default under any term, covenant, agreement, condition, <br />provision, representation, or warranty contained in any of this Deed of Trust. <br />7. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an event of default <br />occur, Beneficiary may declare all indebtedness secured hereby to be due and payable, and the same <br />shall thereupon become due and payable without any presentment, demand, protest, or notice of any <br />kind. Thereafter the Beneficiary may: <br />(a) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or <br />specifically enforce any of the covenants hereof; <br />(b) Deliver to Trustee a written declaration of default and demand for sale, and a written notice of <br />default and election to cause Trustors interest in the Trust Estate to be sold, which notice Trustee shall <br />cause to be duly filed for record in the appropriate Official Records of the County in which the Trust <br />Estate is located. <br />8. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by exercise of <br />the Power of Sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this <br />Deed of Trust and the Note and such receipts and evidence of expenditures made and secured hereby as <br />Trustee may require. <br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published <br />and delivered to Trustors such Notice of Default and Notice of Sale as then required by law and by this <br />Deed of Trust. Trustee shall, without demand on Trustors, after such time as may then be required by <br />law and after recordation of such Notice of Default and after Notice of Sale having been given as required <br />by law, sell the Trust Estate at the time and place of sale fixed by it in such Notice of Sale, either as a <br />whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it <br />may determine, at public auction to the highest bidder for cash, in lawful money of the United States, <br />payable at the time of sale <br />(b) As may be permitted by law, after deducting all costs, fees, expenses of Trustee and of this <br />Trust, including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale <br />to payment of (i) all sums expended under the terms hereof, not then repaid (ii) all other sums then <br />secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled thereto. <br />2 <br />